HomeMy WebLinkAbout20151657.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - MINIATURE HORSE ASSOCIATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Professional Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Fair Board, and Miniature Horse
Association, commencing from the date of execution by the Board of County Commissioners,
for the 2015 Weld County Fair, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Professional Services Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Fair Board, and Miniature Horse Association, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: cam/ �`W) JeL;IA
GG� arbara Kirkmeye , Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem BY: llifto C.A_) a.) I it A A _L!---1.....De ut' Clerk to the Beard �� ,. ji ♦ ---- , ,
t _-_-v) •can P. Conway
mial
APPROVED AS TO FORM I ��` '� j��
' O &
':a".' i •Ilie A. Cozad
Coulet,-
Attorney ) \-NI
N.
// i� Steve Moreno
Date of signature: �a5
CC ) CAL1 4) 11/2 2015-1657
EX0027
. TO: BOCC
�i86�0-k
1/0
=1 FROM: Frank Haug, Assistant Weld County Attorney iko V � omi
�i tJ / DATE: May 29, 2015
1 •
SUBJECT: Fair Vendor Contracts
SUMMARY:
Please find attached the contracts for the vendors for the Weld County Fair. In conjunction with Janet
Konkel, we have prepared these contracts and obtained the insurance necessary from these vendors. Each
vendor is required to purchase their own insurance coverage, and to be responsible for their employees and
activities while at the fair. We have outlined each parties' responsibilities with regard to prep and take down of
their events. All contracts are subject to the necessary sponsor funding being obtained.
RECCOMENDATION:
Approve the contracts.
2015-16570)
�ua�-
2015 WELD COUNTY FAIR
MINIATURE HORSE ASSOCIATION
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this w n—o/ day of dfrRl L• , 2015, by and between
the Board of County Commissioners of Weld County, Colorado, 915 10`" Street, Greeley,
Colorado 80631, hereinafter referred to as "County," and the Miniature Horse Association,
hereinafter referred to as "Contractor."
WITNESSETH: County and Contractor, for the mutual promises and consideration
hereinafter set forth, agree that Contractor shall produce one Miniature Horse Show ("the
Performance") for the 2015 Weld County Fair to be held on July 24, 2015, at the Island Grove
Park Arena in Greeley, Colorado, at a time set by the County, pursuant to the following terms
and conditions:
SECTION I - CONTRACTOR RESPONSIBILITIES
1. Production of the Performance.
2. All horses entering the grounds for the Performance shall present to the Weld County
Fair Board a valid health certificate issued by an accredited veterinarian within ten days
prior to the Performance.
3. At the conclusion of the Performance, Contractor shall be responsible for clean up and
leaving the arena and any areas utilized by Contractor or participants in substantially the
same condition as prior to set-up for the Performance.
4. Contractor shall maintain insurance and strictly adhere to the following insurance related
requirements as follows:
a. Commercial General Liability Insurance. Contractor shall furnish to County a
certificate of insurance for commercial general liability upon notification of award
and prior to the Event. The commercial general liability insurance policy shall, at a
minimum, include coverage for property damage and bodily injury covering injuries
to Contractor, Contractor's employees, participants, audience members, volunteers, or
any other person in attendance at the Weld County Fair arising out of the Contractor's
activities. The comprehensive general liability insurance shall be in the following
minimum amounts:
Each Occurrence $1,000,000
General Aggregate $1,000,000
Contractor's comprehensive general liability insurance policy or certificate of
insurance shall be issued to include Weld County as an additional insured party and
policy or certificate of insurance shall be endorsed to state that coverage shall not be
suspended, voided, or cancelled without thirty (30) days prior written notice to the
1
County by certified mail, return receipt requested. Contractor agrees that
Contractor's comprehensive general liability insurance shall be the primary coverage
for any and all losses or injuries resulting from Contractor's activities pursuant to this
Agreement. Performance shall not commence under this Agreement until Contractor
has submitted to the County and received approval thereof.
b. Contractor agrees to maintain automobile liability insurance as required by Colorado
State statutes for all automobiles associated with performance of the Contractor's
obligations under this Agreement. Where applicable, Contractor further agrees to
maintain Workers' Compensation Insurance as required by Colorado State statutes.
c. All insurers of Contractor must be licensed or approved to do business in the State of
Colorado.
d. Any and all deductibles contained in any insurance policy referred to in this
Agreement shall be assumed solely by, and at the sole risk, of Contractor.
e. At any time during the term of this Agreement, the County may require Contractor to
provide proof of the insurance coverage or policies required herein. Upon failure of
Contractor to furnish, deliver and/or maintain such insurance as provided herein, this
Agreement, at the County's election, may be immediately declared suspended,
discontinued, or terminated. Failure of Contractor to obtain and/or maintain any
required insurance shall not relieve Contractor from any liability under this
Agreement, nor shall the insurance requirements be construed to conflict with any of
the Contractor's indemnification obligations.
SECTION II- COUNTY RESPONSIBILITES
For the Performance, County shall provide the following:
1 . Facility and sound equipment to produce the Performance.
2. Personnel and equipment to work the arena, as needed.
SECTION III —TERM
The term of this Agreement shall commence upon the date of execution by both
Contractor and County, and end on July vhf a- , 2015, after the completion of the
Performance and any associated clean up or post-Performance activities.
Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be the basis
for additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services.
SECTION IV-PAYMENT AND FEE SCHEDULE
2
Contractor shall pay the following fees:
Exhibitors have the availability of stalls for a fee of:
• $20.00 per stall ($10.00 to City of Greeley, $10.00 cleaning fee to 4-H for stall
cleaning)
County shall not be obligated to pay any Contractor costs or expenses not specified in
this Section. Financial obligations are contingent upon funds being acquired and budgeted or otherwise
made available.
SECTION V—INDEPENDENT CONTRACTOR
Pursuant to Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended,
Contractor understands that it and its employees and servants are independent contractors not
entitled to workers' compensation benefits from the County. Contractor further understands that
it is solely obligated for the payment of federal and state income tax on any moneys earned
pursuant to this Agreement. Contractor shall be solely responsible for its acts and those of its
agents and employees for all acts performed pursuant to this Agreement.
SECTION VI -INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the County, its officers, agents, and
employees for, from, and against any and all claims, suits, expenses, damages, or other injury to
persons, entities, or property caused or sustained by any person(s) as a result of Contractor's
performance or failure to perform pursuant to the terms of this Agreement. Contractor agrees to
indemnify and hold harmless the Weld County Fair Board, its officers, agents, employees, and
volunteers, and County, its officers, agents, employees, and volunteers, from and against any and
all claims, suits, expenses, damages, or other injury to persons, entities, or property caused or
sustained by any person(s) arising during the term of this Agreement and resulting from the
Event or failure to perform pursuant to the terms of this Agreement.
Notwithstanding the expiration of this Agreement upon the expiration of the term
specified in Section III of this Agreement, or termination of this Agreement pursuant to Section
VII of this Agreement, this Section VI regarding indemnification shall survive the expiration or
termination of this Agreement.
SECTION VII-TERMINATION
Time is of the essence in the performance of this Agreement. If Contractor is unable to
provide the services required by this Agreement during the specified term of this Agreement,
Contractor shall be deemed to have breached this Agreement and the County may obtain said
services from a third party and pursue an appropriate remedy for such breach pursuant to the
laws of the State of Colorado. Either party may terminate this Agreement for cause. An
aggrieved party must first notify the other party of the outstanding issue and allow one day to
cure or such longer period of time as is mutually agreed upon by the parties. If the performance
issue is not cured within the cure period, the aggrieved party may terminate this Agreement and
pursue any remedy recognized by Colorado law. County has the right to terminate this
Agreement, with or without cause on thirty (30) days written notice.
SECTION VIII -MUTUAL UNDERSTANDINGS
1. Integration of Understanding. This Agreement contains the entire understanding of the
parties hereto and neither it, nor the rights and obligations hereunder, may be changed,
modified, or waived except by an instrument in writing that is signed by the parties hereto.
2. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or
shall be construed to confer upon or to give to any person other than the parties to this
Agreement any right, remedy, or claim under or by reason of this Agreement of any
covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and
provisions in this Agreement, by and on behalf of County and Contractor, shall be for the
sole and exclusive benefit of County and Contractor.
3. Severability. If any provision of this Agreement is determined to be unenforceable or invalid
for any reason, the remainder of this Agreement shall remain in effect, unless otherwise
terminated in accordance with the terms contained herein.
4. Authorization. Each party represents and warrants that it has the power and ability to enter
into this Agreement, to grant the rights granted herein and to perform the duties and
obligations herein described.
5. Compliance with Law. Contractor shall strictly comply with all applicable federal, State of
Colorado, and County laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discrimination and unfair employment practices.
6. Choice of Law and Venue. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference which conflicts with said laws,
rules and/or regulations shall be null and void. Venue for any legal dispute associated with
this Agreement shall be in Weld County, Colorado. Should the courts in Weld County not
have jurisdiction over the legal dispute, the venue shall be the nearest court in Colorado
having jurisdiction.
7. Non-Assignment. The rights and responsibilities of either party pursuant to this Agreement
are not assignable without prior written permission from the other party.
8. Governmental Immunity. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
9. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control,
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
4
ATTEST:
CHAIRMAN OF THE BOARD OF CONTRACTOR:
WELD COUNTY COMMISSIONERS
R Y�arbara Kirkm er, Chair an Rocky Mounts' Miniature Horse Assn.
Date: JUN 0 8 2019 Date: o3 1 ZD
do/-5 /o7(i)
5
STAFF APPROVALS FOR PROFESSIONAL SERVICES AGREEMENT- MINIATURE HORSE
ASSOCIATION
APPROV D AS TO SUBSTANCE:
7^4
Elected Official or Departnt Head
N/A
Director of General Services
APPROVED AS TO FUNDING:
Con e
APPROVED S TO FORM:
County Attorney CJ
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison,Wisconsin 53783-0001
Insured's Name and Address Agent's Name,Address and Phone Number(Agt./Dist.)
Rocky Mountain Miniature Horse Club Larry E Stiltner
5300 N Turnberry Road C/O Mary Elder 481 Highway 105 Unit 212
Fort Collins, CO 80524 Monument, CO 80132
(719)481-8382 (154/306)
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
This certificate does not amend,extend or alter the coverage afforded by the policies listed below.
COVERAGES
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated,notwithstanding any requirement,term or condition of any contract or other
document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies descrbed herein is subject to all the terms,exclusions,and conditions of such policies.
POLICY DATE
EFFECTIVE EXPIRATION
TYPE OF INSURANCE POLICY NUMBERLIMITS OF LIABILITY
(Mo,Day,Yr) (Mo,Day,Yr)
Homeowners/ Bodily Injury and Property Damage
Mobilehomeowners Liability Each Occurrence $ ,000
Bodily Injury and Property Damage
Boatowners Liability
Each Occurrence $ ,000
Bodily Injury and Property Damage
Personal Umbrella Liability
Each Occurrence $ ,000
Farm Liability 8 Personal Liability
Each Occurrence $ ,000
Farm/Ranch Liability
Farm Employees Liability
_ach Cccurrence $ ,000
Statutory
Workers Compensation and Each Accident $ ,000
Employers Liability t Disease-Each Employee $ ,000
Disease-Policy Limit $ ,000
General Liability General Aggregate $ 2,000,000
D Commercial General Products-Completed Operations Aggregate $ 2,000,000
Liability(occurrence) Personal and Advertising Injury $ 1,000.000
05-X82673-01 03/26/2015 03/03/2016
❑ Each occurrence $ 1,000,000
❑ Damage to Premises Rented to You $ 100,000
Medical Expense(Any One Person) $ 5,000
Each Occurrencett $ ,000
Buslnessowners Liability Aggregateit $ 000
Common Cause Limit $ ,000
Liquor Liability
Aggregate Limit $ ,000
Automobile Liability Bodily Injury-Each Person $ ,000
❑Any Auto
Bodily Injury-Each Accident S ,000
❑All Owned Autos
❑ Scheduled Autos Property Damage $ ,000
❑ Hired Auto
❑ Nonowned Autos Bodily Injury and Property Damage Combined S .000
Excess Liability
❑ Commercial Blanket Excess Each OccurrencelAggregate $ .000
❑
Other(Miscellaneous Coverages)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS tThe individual or partners ❑Have
shown as Insured elected to
be covered under this policy. ❑Have not
ttProcucts•Completed Operations aggregate
is equal to each occurrence limit and is
included in policy aggregate.
CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELLATION
Weld County Board of Commissioners ❑ Should any of the above described policies be cancelled before the expiration date I
thereof,the company will endeavor to mail'( days)written notice to the Certificate
915 10th St Holder named,but failure to mail such notice shall impose no obligation or liability of any kind
Greeley CO 80631 upon the company,its agents or representatives.10 days unless different number of days
shown.
jkonkel@co.weld.co.us Lxl This certifies coverage on the date of issue only. The above described policies are
subject to cancellation in conformity with their terms and by the laws of the state of issue.
DATE ISSUED AUTHORIZED REPRESENTATIVE
04/03/2015 LARRY E STILTNER
U-201 Ed.5/00 Stock No.06668 Rev.7/02
Hello